Who’s Responsible for Your Expenses After an Accident with an Uninsured Driver?

Although car insurance is legally required in New Jersey, a surprising number of drivers carry no insurance or an insufficient amount of insurance. If you’re in an accident caused by a driver without sufficient insurance, you may be able to have your expenses covered through an uninsured/underinsured motorist property damage or personal injury claim.

Before you decide which option to pursue, you should consult with an experienced attorney.

Liability Insurance and PIP Benefits Are Mandatory in New Jersey

New Jersey requires automobile insurance for all drivers. While most drivers are best served by a Standard Policy, some drivers choose a less expensive Basic Policy or a Special policy known as a Dollar-a-Day policy for low income eligible drivers. If a driver with a Special policy or a Basic Policy causes an accident, you’ll likely reach the limits of their insurance very quickly or find out that they legally have no liability coverage. If you have a standard policy, then you will have coverage for Uninsured/Underinsured Motorist listed on your declaration page of your insurance policy. Many insurance companies allow you to access this information on your available insurance coverage on line.

Bodily injury liability coverage is not mandatory, and neither is property damage liability for these special and basic policies. Even in a Standard policy, the state only requires a minimum of $5,000 per accident for property damage liability. You may need to explore different legal avenues if your property damage exceeds $5,000 or you sustain any car accident injuries.

Before you can seek compensation from the other party, you must exhaust your personal injury protection. Drivers must carry at least $15,000 of personal injury protection per person, per accident. However, many drivers opt to purchase more coverage. This coverage protects you regardless of who causes an accident.

Since New Jersey is a No-Fault state, you must seek payment of your medical bills from your own policy, and most standard policies will have up to $250,000.00 in medical expense benefits, but other policies may only carry $15,000.00 in medical benefits. We advise everyone to carry the $250,000.00 medical expense Pip benefits, especially since a new case, Haines vs. Taft, decided on March 26, 2019 no longer allows you to sue for unpaid medical bills if you elected on your insurance less than $250,000.00 in medical expense PIP coverage.

Before you can seek compensation from the other party, depending on your policy and the circumstances of your accident, you may have to prove that you sustained a permanent injury to a body part. Having a qualified, experienced attorney like the attorneys at Rosner Law is critical for you to obtain just compensation in these kinds of cases.

What is Underinsured and Uninsured Motorist Coverage?

If you have a Standard Policy, you may be able to seek compensation from your own insurance company if your vehicle is damaged or you are injured in an accident with:

  • A driver without liability insurance
  • A driver whose insurance company denies that the policy covers the damage
  • A driver without enough insurance to pay your damages in full
  • A driver with a dollar-a-day policy
  • A driver with a Basic policy with no liability coverage

It’s important to note that New Jersey does not required uninsured/under insured motorist coverage, but you can choose to add it to a Basic Policy for additional protection. If you opt for this type of coverage, you must purchase at least $5,000 in coverage.

Pursuing a Personal Injury Lawsuit

If you are injured in a car accident you may want to look into a personal injury lawsuit. Many factors go into a personal injury case, including the severity of your injuries, your ability to work, potential medical expenses, and the amount of damage caused to your vehicle. If a personal injury suit is successful, you may obtain the just compensation you deserve, whether form the defendant insurance carrier or even your own under the Uninsured/Under insured Motorist coverage. If you make a claim under this type of coverage, ordinarily, your insurance rates will not be affected, since the accident was not your fault.

An experienced personal injury attorney can evaluate your options and offer their professional insight.

Turn to Rosner Law Offices, P.C. After Your Car Accident

When you’re recovering from a car accident, you shouldn’t have to worry about how you’re going to pay your bills and get the medical treatment you need. That’s where we come in. Call Rosner Law in Vineland at (856) 502-1655 to set up a free initial consultation.

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